Comelec legal opinion on Maguindanao leadership ‘row’ out soon

Garcia said the legal opinion will be very important to determine which body has jurisdiction to pinpoint who will sit in the newly created provinces. (File Photo: COMELEC/Facebook)

MANILA – The Commission on Elections (Comelec) is set to release a legal opinion as to who will lead the two provinces created by the plebiscite held in Maguindanao last Sept. 17.

“The Comelec right now is preparing a legal opinion and will be coming out with that in the next few days. I don’t want to preempt the actions of the Comelec on that matter, on what will be our take on who should seat as new governors of the newly created provinces (Maguindanao del Norte and Maguindanao del Sur),” Comelec chairperson George Erwin Garcia said in a television interview on Monday

Garcia said the legal opinion will be very important to determine which body has jurisdiction to pinpoint who will sit in the newly created provinces.

Asked who has the authority in the two provinces, he said, “Technically from the legal point of view, there is now a legal personality on the part of the two provinces because it was already concurred by the Filipino people.”

“In the meantime, in the next few days up to 60 days after the plebiscite, it is now up to the officials of the original Maguindanao to establish the different positions,” Garcia added.

He noted that the role of the Commission ended after conducting the plebiscite.

“As far as the Comelec is concerned, our role is finished, which is to conduct the plebiscite. After that, as far as the Comelec is concerned, we should have a hands-off policy already as far as the two provinces are concerned. As to what entity? Let’s just wait for our legal opinion which is set to be released in the next few days,” the Comelec head said.

Asked on who is likely to decide on the matter, Garcia said “perhaps the DILG (Department of Local Government) under the Local Government Code.”

Meanwhile, officials of the Parish Pastoral Council for Responsible Voting (PPCRV), one of the citizens’ arms of the poll body in the conduct of plebiscites in the country, observed that Saturday’s plebiscite was well organized and in order.

“The conduct of the plebiscite was orderly and organized,” said Fr. Julius Heruela, PPCRV’s Regional Coordinator for the Visayas in a statement.

He added that violence and intimidation were not observed and the Philippine National Police (PNP), Philippine Army, Philippine Marines, and the Bureau of Fire Protection were visibly mobilized to maintain peace and order.

“The plebiscite committee had prepared well in posting the voter’s list, in receiving voters and in (observing) health protocols,” added Fr. Dave Procalla, the group’s Regional Coordinator for Mindanao and Bangsamoro Autonomous Region in Muslim Mindanao (BARMM)

He added that no crowding was observed and voters were orderly.

According to the Comelec, a total of 706,558 or 99.27 percent or those who voted ‘Yes’ to divide the province.

Those who voted ‘No’ are only 5,209 or 0.73 percent of the 711,767 of those who actually voted.

The voter turnout is 86.93 percent out of the 818,790 total registered voters in the province.